TINJAUAN YURIDIS TERHADAP BUKTI SURAT OCCUPATIE VERGUNING DALAM HAL PENGUASAAN ATAS TANAH (STUDI PUTUSAN NO. 629 PK/PDT/2015)

Abstract

The Basic Agrarian Law regulates certainty over land ownership for communities in Indonesia, specifically the government regulates the granting of land rights through land registration procedures as stipulated in the LoGA so as not to cause double ownership by issuing certificates. however the certificate does not provide legal certainty to the certificate holder in the event of a dispute against the land object if it is proven that the land object is owned by another party with proof of the occupational permit verguning, as in the case of Judicial Review no. 629 pk / pdt / 2015 in the Verdict Decision states that the holder of the occupatie verguning letter is the owner of the land object so that it causes problems. No. 629 pk / pdt / 2015. I use a normative research method supported by interview data using the theory of the history of land rights before and after the LoGA, the history of land registration before and after the LoGA. According to the author's analysis, the position of Occupatie Vergunning is seen in terms of land rights prior to the enactment of the LoGA and land rights after the entry into force of the LoGA, then the Occupatie Vergunning is not included in the rights that existed in the period before the entry into force of the LoGA or individual rights / individuals who existed after the coming into effect of the LoGA, this is because the Occupatie Vergunning is only limited to permits to use land. So, if based on the LoGA, then Occupatie Vergunning is not included in land rights in Indonesia.

Keywords : Transfer of Land Rights, Auction, cancellation, District Court